Medical Mutual Insurance v. American Casualty Co.

ORDER

JAMES C. FOX, Senior District Judge.

Plaintiff Medical Mutual Insurance Company of North Carolina (“Medical Mutual”) initiated this civil action for declaratory relief on October 7, 2008, pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, seeking a declaration that it has no duty to defend or obligation to indemnify Mechelle Smith (“Smith”) for the professional liability claims asserted against her in the underlying action entitled Linda R. Cox, Marie R. Miller, Ellen R. Riddick, Co-Executrixes of the Estate of Elizabeth Rountree, Deceased v. Victor G.…